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Am I allowed to turn down a Breathalyzer test?

You've likely heard stories through the grapevine about a drunk driving checkpoint or DUI stop. Maybe you've been involved in either one of these first-hand as a driver or passenger. Either way, there's a lot of misinformation out there about these tests and what happens if you decline them. So, are you allowed to decline a Breathalyzer test?

You have every right to decline a Breathalyzer test if you are stopped for suspicion of DUI, but just know that doing so will land you in a lot of legal hot water. For example, you could wind up having your license suspended, be issued large fines or even be sentenced to jail.

For the most part, you could see your driver's license suspended for at least one year if you fail to submit to a Breathalyzer test. If you have any other DUI charges or convictions on your record, you could get a longer suspension and even jail time.

There are some drivers who view the penalties associated with the refusal of taking a Breathalyzer test as less severe than being convicted of a third or subsequent DUI.

The National Highway Traffic Safety Administration (NHTSA) estimates that close to 20 percent of drivers suspected of DUI actually decline to take Breathalyzer tests.

Now that you know how a Breathalyzer test works, you can begin to build a defense to the drunk driving charges filed against you in Orlando. Make sure you do so with the help of an experienced professional so your rights are not in jeopardy.

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Attorney Warren Lindsey has been awarded the following credentials:

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  • Rising stars | Matthew P. Ferry |SuperLawyers
  • Orlando County Bar Association
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